Matter of Wisher

IN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE MATTER OF THE §
PETITION OF WILLIAM WISHER § No. 467, 2018
FOR A WRIT OF MANDAMUS. §
§
Submitted: September 19, 2018
Decided: December 5, 2018
Before VALIHURA, VAUGHN, and SEITZ, Justices.
ORDER
(1) On September 10, 2018, Wisher filed a petition asking this Court to
issue a writ of mandamus directing the Superior Court to accept a pro se motion to
suppress evidence in Wisher’s then-pending criminal case, which was scheduled for
trial.1 The following day, September 11, 2018, Wisher pleaded guilty to three of the
sixteen charges in the Superior Court case and was sentenced.
(2) In response to Wisher’s petition, the State represents that Wisher
withdrew his petition for a writ of mandamus at the guilty plea hearing on September
11, 2018. The State’s representations are supported by the Superior Court docket.2
(3) When invoking this Court’s original jurisdiction to issue extraordinary
relief, the burden is on the petitioner to establish an entitlement to such relief.3 In
this case, even if he had not withdrawn his mandamus petition on September 11,
1
State v. Wisher, Del. Super., Cr. ID Nos. 1709004017 & 1710006788.
2
See, e.g., Docket at 42, State v. Wisher, Cr. ID No. 1709004017.
3
In re Wittrock, 649 A.2d 1053, 1054 (Del. 1994).
2018, Wisher is not entitled to compel the Superior Court to consider a suppression
motion in a case he decided not to take to trial.
NOW, THEREFORE, IT IS ORDERED that the petition for a writ of
mandamus is DISMISSED.
BY THE COURT:
/s/ James T. Vaughn, Jr.
Justice
2